Texts of pending comments

The Committee notes the observations of the National Employers Association of Colombia (ANDI), received on 31 August 2021. It also notes the joint observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), received on 1 September 2021. The Committee notes that the observations received relate to issues already raised.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously welcomed the measures taken by the Government to combat trafficking in persons and protect victims within a broad and coordinated policy, and requested the Government to continue taking measures to implement the second national strategy to combat trafficking in persons.

The Government reports the adoption of a new strategy to combat trafficking in persons for 2020–2024. The Committee welcomes the fact that the strategy is the product of a participative process with the Inter-institutional Committee to Combat Trafficking in Persons and based on input from the evaluation of the previous strategy. Apart from reinforcing the normal lines of action (coordination, protection, investigation, data, prevention, international cooperation), the strategy widened its coverage to include other elements/areas, such as the question of restoring the rights of victims, care for migrant populations, or the inclusion of areas with no State presence.

The Committee also notes the abundant and detailed information provided by the Government on:

– Data and analysis of the trafficking phenomenon. In this regard, the Government specifies that Colombia is one of the epicentres of trafficking in persons in two ways: the first, where persons, principally women, are tricked and taken abroad for the purpose of exploitation; and the second, because Colombia is at the crossroads of transfer of victims coming from other countries in Latin America. Out of the 1208 victims who between 2008 and June 2021 benefited from protection and care services, the large majority are women (961), Colombian women (1051), Venezuelan women (110), victims of trafficking for sexual exploitation (708), forced labour (247) or servitude (23), externally trafficked (975), or internally trafficked (223). According to the Government, a major risk of vulnerability has been identified which is related the economic effects of the COVID-19 pandemic among persons already in a precarious situation (the lowest wages, informal sectors, irregular migrants, temporary workers);
– the formulation of a psychosocial aid protocol for victims of trafficking;
– action by the Office of the Public Prosecutor (FGN), through the Delegate for Citizen Security and the Delegate against Organized Crime (two posts held by women) which have specialized attorneys to prosecute trafficking cases, as well as various specialized judicial police. Work was undertaken to characterize the criminal phenomenon, so as to facilitate the investigation of cases, with the aim of increasing effective prosecution and to provide differentiated care to victims;
– improved access to justice for victims, through telephone, written and electronic channels administrated by the FGN Contact Centre, which provides a system helping complainants to register information, with a view to having better quality data at the outset of investigations;
– complaints and prosecutions coming through the Office of the Public Prosecutor: between July 2017 and May 2021, there were 718 complaints, corresponding to 531 victims, which resulted in 614 prosecutions, with 40 completed rulings.

The Committee notes, according to the Government, that among the main obstacles to the investigation of trafficking identified are the lack of in-depth knowledge and approach to cases among legal system actors, the refusal by victims to take part in the stages of the criminal procedure and the invisibility of certain cases, which makes it difficult to make the problem visible and attack criminal networks. The Committee also observes that although the CTC, CUT and CGT recognize the measures taken in respect of awareness-raising, training, complaints and investigation, they emphasize the acute need to determine the effects and results of these measures to establish whether they are having a real impact on protection of the most vulnerable, restoring the rights of victims and reducing levels of forced labour.

The Committee encourages the Government to pursue its efforts to prevent the trafficking of Colombian citizens abroad and to combat the trafficking of persons on national territory, and requests it to indicate the measures adopted under the main lines of action in the national strategy (in particular prevention, protection, data collection and international cooperation). The Government is also requested to provide information on the protection given to victims, including measures for remedy and rehabilitation, and on the measures to encourage them to collaborate in the investigations and criminal proceedings. The Committee also requests the Government to provide information on the measures taken to strengthen the system for identification of trafficking, as well as on the legal proceedings undertaken against perpetrators and the convictions handed down.

Articles 1(1) and 2(1). Vulnerable workers in illegal mines and risk of forced labour. The Committee notes the information provided by the Government regarding activities to prevent trafficking in persons in regions of the country where mining takes place, as well as on the preventive visits and reactive inspections undertaken by the labour inspectorate of the territorial directorates and the penalties imposed.

The Committee notes the observations of the National Employers Association of Colombia (ANDI), received on 31 August 2021. It also notes the joint observations of the Confederation of Workers of Colombia (CTC) and the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), received on 1 September 2021. The Committee notes that the observations received refer to matters raised previously.

Article 2(2)(a) of the Convention. Purely military character of work exacted in the context of compulsory military service. The Committee has previously emphasized that the conception of compulsory military service in Colombia (Act No. 1861 of 2017 regulating the recruitment service and the monitoring and mobilizing of the reserve), which may be exacted in various forms, is broader than the exception allowed by the Convention. Thus, the various activities that the conscripts may undertake as part of the military service are not of a purely military character and are therefore not in conformity with the exception allowed in Article 2(2)(a) of the Convention, which excludes from its scope of application only work or service exacted in virtue of compulsory military service laws for work of a purely military character. The Committee highlighted in particular the situation of persons who have completed secondary education who carry out their military service in the National Penitentiary and Prison Institute (INPEC), and conscripts who carry out activities relating to the conservation of the environment and of natural resources in the “environmental” service.

The Committee recalls that compulsory military service in Colombia is of 18 months’ duration or 12 months for graduates of secondary education and comprises four stages: basic military training, training in productive work, application in practice of the basic military training and a period of rest. Under section 16 of Act No. 1861 of 2017, at least 10 per cent of personnel in each intake shall complete “environmental” service, that is, support activities aimed at protecting the environment and natural resources.

With regard to compulsory military service in the INPEC, the Government indicates in its report that within the framework of the agreements concluded between the Ministries of National Defence and of Justice and the INPEC a certain number of secondary education graduates are divided into four auxiliary contingents in the INPEC prison guard service. After three months’ prison-specific training, the auxiliaries assist in the basic penitentiary centre activities of security, custody, surveillance and treatment of prisoners.

With regard to environmental service, the Government refers to Decree No. 977 of 7 June 2018, under which the Ministry of National Defence, in coordination with the Ministry of the Environment and Sustainable Development, sets out guidelines for basic support activities aimed at protecting the environment and renewable natural resources, as an extension of the constitutional mission of the Military Forces and the National Police. The Government indicates that within the framework of its mandate, the National Police has a specialized branch of Environmental and Natural Resource Police, responsible for assisting the competent authorities in the defence and protection of the environment. In accordance with Act 1861 of 2017, the National Police included the protection of the environment and natural resources among the activities to be carried out by the police auxiliaries during their military service in the Institution.

With respect to the training in productive work, the Government indicates that the Ministry of National Defence and the National Apprenticeship Service establish the types of training for productive work available to military service conscripts, giving priority to training that is in line with each institution’s mission. The aim is to contribute to the promotion and strengthening of human talent, training, updating, certifying and increasing levels of qualification and developing technical and technological occupational skills.

The Government considers, as a social duty of young people towards the country, that both the services provided by the secondary education graduates in the INPEC, and the experience of the police auxiliaries within the environmental services, offer a useful opportunity to develop skills that will allow them to enter the world of work. The Government adds that with the de-escalation of the armed conflict, military service has evolved from military to social service in urban areas. Nevertheless, it retains its particular character due to the presence of armed groups, which puts the physical integrity of all members of the security forces at constant risk. For this reason, the Government considers that Act 1861 of 2017 has provided benefits and safeguards to the conscripts, it being necessary for military service in its various forms to be maintained, as an effective tool for achieving the goals of the State.

The Committee notes the explanations provided by the Government and recognizes that Governments may have a legitimate need to establish a compulsory military service. The Committee recalls in this regard that military service is outside the scope of the Convention, but conditions have been placed on this exception to prevent it from being diverted from its fundamental purpose and used to mobilize conscripts for public works or other tasks that are not of a purely military character. While recognizing and valuing the social and environmental considerations underlying the diversification of the tasks undertaken as part of compulsory military service, the Committee recalls that these tasks are nonetheless undertaken within a framework of legal obligation of service deriving from compulsory military service.

Therefore, the Committee trusts that the Government will take the necessary measures to review the legislation regulating obligatory military service in the light of the provisions of Article 2(2)(a) of the Convention, under which any work or service extracted in virtue of compulsory military service laws must be of a purely military character. The Committee requests the Government to provide information on the total number of conscripts who are enlisted in compulsory military service, the number of conscripts who perform their service in the National Penitentiary and Prison Institute (INPEC), the number of conscripts who perform it in the “environmental” service and the number of conscripts who undertake occupational training, together with the duration of the training.

The Committee recalls that the Government may avail itself, should it so wish, of the technical assistance of the ILO, with a view to resolving the difficulties raised concerning the application of the Convention.

The Committee is raising other questions in a request addressed directly to the Government.

In its previous comment, the Committee noted the criticisms of the trade union confederations concerning the excessive slowness and deficiencies of the arbitration system in relation to collective bargaining and the Government’s indication that it was examining the possibility of a legislative amendment to overcome the difficulties that had been observed in the operation of the procedure. The Committee therefore requested the Government to engage in discussions with the social partners to improve the efficiency of mediation, conciliation and arbitration procedures in relation to collective labour relations.

The Committee notes that, after recalling the legislative framework applicable to arbitration procedures, the Government indicates that: (i) a series of initiatives have been taken to facilitate the various administrative processes of the procedure, and particularly the increased use of information technologies and virtual platforms; (ii) in 2019, the Ministry of Labour received 171 requests to set up arbitration tribunals and convened 87 tribunals over the same period; (iii) during 2020, it received 80 requests and convened 69 arbitration tribunals; and (iv) between 1 January and 26 August 2021, it received 120 requests and convened 68 tribunals.

The Committee notes that the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT) reiterate their criticism of the procedure, and denounce in particular: (i) its excessive slowness and the various possibilities that exist throughout the process for further delays; (ii) the procedure for the appointment of the arbitrators, which they indicate is unfavourable to workers; (iii) the inadequacies of Decree No. 17 of 2016 which, among other criticisms, defines excessively restrictively the powers of arbitrators and does not require specific training or experience of collective disputes; and (iii) the suspensive effect of appeals to set aside arbitration awards, which makes it possible to delay their effective application for years. Finally, the trade union confederations indicate that arbitration tribunals to resolve collective disputes should be voluntary and convened with the agreement of both parties.

The Committee finally notes the observations of the National Employers’ Association of Colombia (ANDI), which indicates that, although arbitration tribunals have various disadvantages in practice associated with malpractices and the operational limitations of the public institutions involved in their operation, they are nevertheless a mechanism for the protection of the collective rights of workers. The ANDI adds that the list of arbitrators drawn up by the Supreme Court of Justice includes lawyers, who are often close to trade unions. The Committee notes that the ANDI goes on to identify a series of operational difficulties in the process: (i) the delays in establishing arbitration tribunals; (ii) the lack of requirements for the professional competence of arbitrators; (iii) the withdrawal of claims and the commencement of a new collective dispute by trade unions, which has the effect of prolonging indefinitely the special protection of workers against dismissal; (iv) the very long duration of the arbitration process; and (v) the great length of the process for setting aside arbitration awards in the event of appeals. The Committee finally notes that the ANDI proposes, through tripartite social dialogue and with ILO support, the development of a mechanism for the training of arbitrators clearly focused on the resolution of disputes.

Recalling once again the importance for the effective promotion of collective bargaining of the existence of effective machinery for the voluntary settlement of collective disputes and observing that both workers’ organizations and employers’ organizations are calling for a series of modifications in this respect, particularly in relation to the need to make the various stages of the process significantly more flexible, the Committee: (i) requests the Government to engage in discussions with the social partners with a view to improving the efficiency of mediation, conciliation and arbitration procedures in relation to collective labour relations, including through legislative and regulatory reforms; and (ii) invites the Government to strengthen the mechanisms for the training of arbitrators. The Committee requests the Government to provide information in this regard and reminds it that it can avail itself of the technical assistance of the Office.

The Committee notes the joint observations of the Single Confederation of Workers of Colombia (CUT), the Confederation of Workers of Colombia (CTC) and the General Confederation of Labour (CGT) received on 1 September 2021. The Committee notes that these observations relate to matters examined by the Committee in its comments, as well as allegations of violations of the Convention in practice. The Committee also notes the allegations of anti-union discrimination contained in the observations of the International Trade Union Confederation relating to the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), received on 1 September 2021, as well as the Government’s comments in this regard.

The Committee also notes the observations of the National Employers’ Association of Colombia (ANDI), transmitted by the International Organisation of Employers (IOE) on 1 September 2021, which refer to matters raised in the Committee’s previous direct request relating to this Convention and, in relation to the matters examined in the present observation, refer to its 2020 observations.

Articles 1 and 2 of the Convention. Adequate protection against anti-union discrimination and interference. In its previous comments, having noted the slowness of the various administrative and judicial mechanisms for protection against anti-union discrimination and the recurrent criticisms by the unions concerning their lack of effectiveness, the Committee requested the Government, in consultation with the social partners, to launch a comprehensive examination of these mechanisms with a view to the adoption of the necessary measures to ensure the rapid imposition of effective sanctions in the event of anti-union acts. The Committee notes the Government’s indication that, in the context of the national inspection strategy, the Department of Territorial Inspection, Supervision, Control and Management formulates an annual strategic plan which includes within its priorities enterprises which have registered collective accords and contracts.

The Committee notes that the Government also refers to the administrative investigations undertaken by the Ministry of Labour into anti-union discrimination, in relation to which it provides the following statistics: (i) in 2020, there were 351 administrative labour disputes relating to complaints of acts against freedom of association and collective bargaining, of which 83 gave rise to a decision (of which 51 were given effect); (ii) between 1 January and 15 June 2021, there were 92 administrative labour disputes, of which 13 gave rise to a decision (of which four have already been given effect). The Committee notes that the Government also provides information on the general activities of the labour inspectorate, including detailed descriptions of the measures adopted by the labour inspectorate during the health emergency resulting from the COVID-19 pandemic, on inspection procedures relating to penalties and the collection of fines and on the frequent training courses provided to labour inspectors.

The Committee further notes the information provided by the Government on the investigations undertaken under section 200 of the Penal Code, which criminalizes violations of the rights of association and assembly, subjects that have been examined by the Committee in recent years within the context of Convention No. 87 in relation to acts of anti-union violence. The Committee notes the Government’s indication that: (i) the Office of the National Public Prosecutor received a total of 90 complaints during the course of 2020, which was clearly lower than in previous years, probably, as emphasized by the Government, due to suspensions of work as a result of the COVID-19 pandemic; (ii) in one case, the issue was the subject of conciliation; in five cases the case was set aside due to related offences, or in other words the Public Prosecutor decided to continue the investigation under other criminal charges; 29 cases were set aside, either because there was no evidence of a crime or the complainant was not legitimate; of the 90 cases, 53 are still active (48 at the pre-trial stage and five under investigation). The Committee notes the Government’s further indication that the Ministry of Labour and the Office of the National Public Prosecutor have created an elite group with a view to promoting the investigation of anti-union offences.

The Committee also notes that the trade union confederations reiterate their denunciation of the ineffectiveness of the various administrative and judicial protection mechanisms against anti-union discrimination. With reference to administrative labour disputes, the confederations indicate that: (i) the procedure envisaged in section 354 of the Substantive Labour Code is not expeditious and in practice is excessively slow; (ii) on the basis of the statistics provided by the Government, only 11.5 per cent of the administrative labour disputes registered in 2020 and 2021 have so far resulted in a decision, without taking into account the possibility of appeals in those cases; the preliminary verification stage may last four or five years and many disputes from previous years have still not been resolved. The Committee notes that, in relation to the investigations by the Office of the National Public Prosecutor into complaints of violations of section 200 of the Penal Code, the trade union confederations indicate that: (i) following ten years of the labour action plan, in the context of which section 200 was amended, there have still been no investigations or sanctions imposed by the Office of the National Public Prosecutor; (ii) in addition to the consequences of the COVID-19 pandemic, the reduction in 2020 in the number of complaints of violations of section 200 is due to the loss of credibility of the mechanism, which suffers in particular from very long delays. The Committee finally notes that the trade union confederations once again denounce the absence of an expeditious judicial mechanism for protection against acts of interference and anti-union discrimination (with the exception of the special procedure for lifting trade union protection). Providing information on a series of specific cases, they indicate in this respect that: (i) unions only have access to ordinary labour courts through procedures that often take longer than four or five years, which makes the mechanism inoperative for the restoration of rights; and (ii) in the majority of cases, the courts find that appeals for constitutional protection, which are the most expeditious, are not valid to protect freedom of association, as there are other means of defence, such as the ordinary labour courts and the administrative penalty procedure of the Ministry of Labour.

The Committee notes the various elements provided by the Government and the unions. The Committee observes in this respect that: (i) the available data shows that the examination of administrative labour disputes in relation to freedom of association often takes a very long time; (ii) the Government has not provided information on cases in which criminal penalties have been handed down for violations of section 200 of the Penal Code, despite the high number of criminal complaints lodged since 2011; and (iii) the Government has still not expressed a view on the effectiveness of cases brought before labour tribunals. In this context, the Committee regrets that the Government has not provided information on the preparation of a comprehensive examination of the existing protection mechanisms against anti-union discrimination in consultation with the social partners, despite the Committee making this request on several occasions since 2016, and the request to the Government made by the Committee on Freedom of Association several times (Case No. 3061, 381st Report, March 2017, and Case No. 3150, 387th Report, October 2018). In light of the above, recalling the fundamental importance of protection against anti-union discrimination for the effective exercise of freedom of association, the Committee urges the Government, after consulting the social partners, to take the necessary measures, including through laws and regulations, to revise the procedures for the examination of administrative labour disputes in relation to freedom of association, on the one hand, and the judicial procedures concerning acts of anti-union discrimination and interference, on the other, in order to ensure that both are examined promptly and effectively. The Committee requests the Government to provide information on the progress made in this regard and recalls that it may avail itself of the technical assistance of the Office.

Articles 2 and 4. Collective accords with non-unionized workers. The Committee recalls that it has been requesting the Government since 2003 to take the necessary measures to ensure that collective agreements with non-unionized workers (collective accords) can only be concluded in the absence of trade union organizations. The Committee notes that the Government reiterates its position, in line with that of the ANDI, that: (i) collective accords with non-unionized workers are a form of social dialogue and collective bargaining recognized and regulated by the law and the case law of the Constitutional Court; and (ii) within this framework, collective accords can only be concluded when there is no union in the enterprise representing over one-third of the workers and the conditions negotiated in collective accords and agreements must be the same to prevent anti-union discrimination and any breach of the principle of equality. The Committee notes that the Government also indicates that the undue use of collective accords is being closely monitored by the competent authorities and penalized where necessary, and that their impact on association in unions is under examination in accordance with the considerations of the Organisation for Economic Co-operation and Development (OECD), the United States and Canada. The Government indicates in this regard that: (i) the labour inspection services carried out 23 planned inspections in 2020 of enterprises focussing on the use of collective accords; (ii) on 15 June 2021, the territorial labour inspection departments were examining 62 cases of the undue use of collective accords; (iii) through the Special Investigation Unit, 11 claims were being examined between January 2020 and 15 June 2021 relating to the undue use of collective accords; and (iv) as a result of the action described above, the number of collective accords concluded has decreased significantly, from 253 deposited in 2016 to 73 in 2020.

The Committee also notes that the national union confederations reiterate their previous allegations in their observations concerning the anti-union impact of collective accords, even in cases where the benefits of collective accords, which apply to non-unionised workers, are not more favourable than those agreed in the corresponding collective agreements. The trade union confederations also denounce: (i) the practice of first concluding a collective accord with non-unionized workers so as to then impose during the negotiation of the collective agreement a ceiling on benefits that cannot be improved upon, which removes any relevance from the negotiations undertaken by the union, thereby acting as a powerful disincentive to trade union membership; (ii) the supervision of the Ministry of Labour in relation to the unlawful nature of collective accords is biased and ineffective, as it focuses solely on verification of whether the content of collective accords is more favourable than that of collective agreements, without examining the common practice described in the previous point nor the other anti-union strategies involved in the conclusion of collective accords; and (iii) the lower numbers of collective accords deposited in 2020 is probably the consequence of the COVID-19 pandemic, which also resulted in fewer collective agreements being concluded that year.

While noting the information provided by the Government on the action taken to control the use of collective accords on the basis of the current legislation, the Committee regrets to note that there has been no progress in taking into account the comments that it has been making for many years on the need to revise the abovementioned legislation. The Committee is therefore bound to recall once again that Article 4 of the Convention recognizes, as the parties to collective bargaining, employers or their organizations, on the one hand, and workers’ organizations, on the other, in recognition that the latter offer guarantees of independence that may be absent in other forms of association. The Committee has therefore always considered that direct bargaining between the enterprise and unorganized groups of workers, in avoidance of workers’ organizations, where they exist, is not in accordance with the promotion of collective bargaining, as envisaged in Article 4 of the Convention. Moreover, the Committee has repeatedly noted that in practice the negotiation of terms and conditions of employment and work by groups that do not offer sufficient guarantees to be considered as workers’ organizations can be used to undermine the exercise of freedom of association and weaken the existence of workers’ organizations with the capacity to defend the interests of workers independently through collective bargaining. In light of the above, the Committee once again urges the Government to take the necessary measures to ensure that the conclusion of collective accords with non-unionized workers (pactos colectivos) is only possible in the absence of trade union organizations. The Committee hopes that the Government will be in a position to report progress in this regard in the near future.

Article 4. Personal scope of collective bargaining. Apprentices. In its previous comments, the Committee requested the Government to take the necessary measures to ensure that the remuneration of apprentices is not excluded by law from the scope of collective bargaining. The Committee notes the Government’s reiterated indication that, in accordance with the national legislation and the case law of the Constitutional Court, the apprenticeship contract is not a contract of employment, but is designed to help young persons who are still at the training stage. Recalling once again that the Convention does not exclude apprentices from its scope of application and that the parties to collective bargaining should therefore be able to decide to include the subject of their remuneration in their collective agreements, the Committee urges the Government to take the necessary measures to ensure that the remuneration of apprentices is not excluded by law from the scope of collective bargaining.

Subjects covered by collective bargaining. Pensions. After noting the Government’s indications that Legislative Act No. 1 of 2005 does not prevent the parties to collective bargaining, in both the public and private sectors, from improving on pensions through supplementary benefits based on voluntary savings, the Committee previously requested the Government to provide specific examples of collective agreements which provide for supplementary pension benefits. The Committee notes that the Government once again indicates that: (i) through voluntary savings, those covered by the Colombian pension system can make periodic contributions, or pay in amounts that are higher than the compulsory contributions set out by law, with a view to receiving a higher pension; and (ii) the possibility for a third party to pay contributions on behalf of the beneficiary makes it possible for the employer to act as a sponsor, and the possibility therefore exists for this supplementary benefit to be covered by collective bargaining. The Committee nevertheless observes that the Government has not provided specific examples of collective agreements which contain clauses of this nature. The Committee therefore reiterates its request for information on the application of this possibility in practice. It also invites the Government, in its activities to promote collective bargaining, to inform the social partners of the possibility, within the framework of and in accordance with the General Pensions System, to negotiate clauses in collective agreements providing for supplementary pension benefits.

Promotion of collective bargaining in the public sector. The Committee notes with satisfaction the Government’s indication that a new National State Agreement was concluded on 18 August 2021 with all the confederations in the country which benefits around 1,200,000 public sector workers. The Committee notes in particular the Government’s indication that: (i) in accordance with the agreement, Decree No. 961 of 22 August 2021 was adopted setting the remuneration for positions exercised by public employees in the executive branch, autonomous regional and sustainable development corporations, and issuing other provisions; and (ii) the agreement contains a series of clauses intended to reinforce the protection of the exercise of freedom of association in the public sector. The Committee also notes the indications by the CUT, CTC and CGT which: (i) welcome the conclusion of the agreement; (ii) nevertheless regret the high level of non-compliance with previous agreements, as noted by the Commission for the verification of the agreements concluded between the National Government and workers in the State sector, which met in July and August 2021; and (iii) denounce the role played by the Office of the Comptroller General of the Nation and its departmental offices which, through investigations into potential prejudices to the resources of public bodies, is undermining compliance with the agreements that have been concluded, and is likely to have a dissuasive effect on future negotiations. The Committee requests the Government to pay due attention to the observations of the trade union confederations and to indicate the action taken in this regard.

Promotion of collective bargaining in the private sector. The Committee recalls that in its previous comments it noted with concern the very low level of coverage of collective bargaining in the private sector. The Committee also noted the indication by the trade union confederations that a series of both legal and practical obstacles and inadequacies resulted in the complete absence of collective bargaining above the enterprise level, which in turn contributed to the very low coverage of collective bargaining in the private sector. The Committee requested the Government, in consultation with the social partners, to take all measures in the near future, including legislative measures where appropriate, to promote the use of collective bargaining in the private sector at all appropriate levels.

The Committee notes the Government’s indication that: (i) 194 collective agreements were signed in 2020 (in comparison with 572 in 2019, 490 in 2018 and 380 in 2017); (ii) collaboration with the Government of Canada is continuing for the development of a registration system which will make it possible to determine the coverage rate of collective bargaining; (iii) it is still planned to amend Decree No. 089 of 2014 to facilitate bargaining in a context of a multiplicity of unions by providing that, where there are several unions in the same enterprise, they will be required to form a joint bargaining committee and submit unified claims; and (iii) and the Government continues to be willing to support and accompany, without interference, the social partners when they so request. The Committee also notes that the trade union confederations: (i) place emphasis on the reduction in the number of collective agreements concluded in 2020 and point to the possible effects of the COVID-19 pandemic in this regard; (ii) regret the continuing absence of multi-level bargaining; and (iii) consider that the case of professional football is symptomatic in this respect where the clubs, the Colombian Football Federation (FCF) and the Major Division of Professional Football (Dimayor), institutions which, according to the trade unions confederations, are competent to determine the working conditions in the sector, refuse to bargain with the Colombian Association of Professional Footballers (ACOLFUTPRO), in relation to which the Ministry of Labour set aside the complaint by ACOLFUTPRO concerning the refusal to negotiate.

While noting the information provided by the Government, reiterating indications provided in previous reports, the Committee regrets to note that, despite the very low level of coverage of collective bargaining in the private sector, the Government does not refer to any further specific measures or initiatives adopted to resolve this situation. The Committee particularly notes with concern the absence of action to facilitate bargaining at levels higher than the enterprise level in a context in which: (i) collective bargaining at the sectoral level, in contrast with enterprise bargaining, is not covered by a specific legislative framework (with the exception of the provisions of the Substantive Labour Code relating to the possibility of extending collective agreements) and is almost non-existent in practice (with the exception of the banana sector in Urabá; and (iii) workers in small enterprises may have difficulty in gaining access to enterprise-level collective bargaining as they do not have enterprise unions, for the establishment of which a minimum of 25 members is required.

Recalling once again that, under the terms of Article 4 of the Convention, collective bargaining should be possible at all levels and should be promoted in a manner that is appropriate to national conditions and that, in accordance with Article 5(2)(d) of the Collective Bargaining Convention, 1981 (No. 154), which has been ratified by Colombia, the Government is required to ensure that collective bargaining is not hampered by the absence of rules governing the procedure to be used or by the inadequacy or inappropriateness of such rules, the Committee requests the Government: (i) following consultations with the social partners, to take measures, including legislative measures, for the effective promotion of collective bargaining in the private sector, especially at levels higher than the enterprise level; and (ii) to provide detailed information on the coverage rate of collective bargaining in the private sector.

Settlement of disputes. Committee for the Handling of Conflicts referred to the ILO (CETCOIT). The Committee notes the information provided by the Government on the activities of the CETCOIT, a tripartite body for the resolution of disputes relating to freedom of association and collective bargaining. The Committee notes with interest the Government’s indication that: (i) in 2020 and 2021, the CETCOIT held 71 meetings, during which 23 cases were identified for the promotion of conciliation decisions and agreements, with 48 follow-up meetings; (ii) agreements were concluded in 95 per cent of the cases, with the signature of 20 reports; (iii) effect was given to the recommendation made by the Committee on Freedom of Association in relation to Case No. 2657; and (iv) the conclusion was facilitated of two collective agreements in the private sector and one agreement in the public sector. The Committee welcomes the results achieved by the CETCOIT and requests the Government to continue providing information in this regard.

In its previous comments, the Committee noted the Government’s indications that the international affairs subcommittee of the Standing Committee for Dialogue on Wage and Labour Policies would follow up the comments made by the Committee of Experts on the application of the Conventions ratified by Colombia and hoped that the work of the subcommittee would facilitate the adoption of the various measures requested by the Committee to give full effect to the Convention. The Committee regrets to note that it has not received further information on this subject. The Committee finally recalls that the Government may request ILO technical assistance in this regard.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee notes the observations of the National Employers Association of Colombia (ANDI) received on 31 August 2021. It also notes the joint observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT) and the General Confederation of Labour (CGT), received on 1 September 2021.

Article 1 of the Convention. National policy for the abolition of forced labour and application in practice. The Committee welcomes the response to its previous request, with the information in the Government’s report on the adoption of the Public Policy Framework for the Prevention and Eradication of Child Labour and the Comprehensive Protection of Young Workers, 2017-2027, structured around six strategic pillars: (1) the strengthening of institutional architecture; (2) the promotion of rights and prevention of violations; (3) the quality and coverage of care; (4) the participation of children and their families; (5) knowledge management; and (6) monitoring and evaluation. The Committee notes that the Policy Framework has been discussed by national, regional and local authorities responsible for providing care for children engaged in child labour; and that the Colombian Family Welfare Institute (ICBF), in coordination with the Ministry of Labour, provided guidance in the formulation of action plans in 32 Interinstitutional Committees for the Eradication and Prevention of Child Labour and its Worst Forms (CIETIs) in the departments and the capital city. It notes the provision, under the Progressive Plan for Social Protection and Guaranteeing Rural Sector Workers’ Rights (under the Peace Agreement), of technical assistance in the area of child labour targeting family commissioners, territorial officials, social leaders, employers and workers.

The Committee welcomes the statistical information provided by the Government according to which the rate of child labour for boys and girls aged between 7 and 14 years fell by 2.1 per cent between 2015 and 2020. However, approximately 522,593 child and young workers were identified who were engaged in hazardous types of work affecting their mental and physical health, while 573,477 performed more than 15 hours work a week in their homes. The Committee notes that, in the framework of the ILO project Responsible Business Conduct in Latin America and the Caribbean (RBCLAC), the communication campaign “Coffee Producers for Child Protection” was launched by the Salgar Coffee Growers’ Cooperative in Antioquía to provide information and raise the awareness of families in coffee-growing areas to encourage them to take action to prevent child labour.

The Committee notes that the ANDI highlights the Government’s achievements in reducing child labour and emphasizes that the private sector is contributing actively to achieving this objective by raising enterprise leaders’ awareness of the importance of eradicating child labour in supply chains, as well as by supporting and participating in the elaboration of public policies. Public-private partnerships have been set up through the Network of Employers against Child Labour, which currently includes 44 enterprises and 19 strategic partnerships. Finally, the Committee notes that the Government emphasizes that it has an Integrated Information System for Identification, Registration and Classification of Child Labour and its Worst Forms (SIRITI), which provides a basis on which to build an institutional response to child labour. However, the CTC, CUT and CGT indicate that there are inconsistencies in the SIRITI, and that it does not provide information on the number of child workers assisted and how many have had their rights restored.

The Committee requests the Government to continue adopting measures, in collaboration with the social partners, to eliminate child labour, including child labour in dangerous conditions. To this end, the Committee requests the Government to provide information on the measures adopted in the context of the Public Framework Policy for the Prevention and Eradication of Child Labour and the Comprehensive Protection of Young Workers, 2017–2027, and their results. The Committee also requests the Government to continue providing updated statistical data on the nature, extent and trends of child labour, particularly for child workers under the minimum age of 15 years, as well as information on the number of child workers covered by the measures adopted under the new policy.

Article 2(3) of the Convention. Compulsory education. The Committee has previously encouraged the Government to continue its efforts to ensure that all children attend school at least up to the age of 15 years (as provided in article 67 of the Political Constitution). The Committee notes with interest the detailed information provided by the Government and in particular that: (1) progress has been made in structuring a National Observatory of Educational Trajectories as an information system on the situation of students (access, repetition, those who have fallen behind or dropped out, and graduation) from pre-school to middle school, to facilitate analysis and the formulation of evidence-based public policies; (2) the Ministry of Education, in collaboration and coordination with the Certified Territorial Bodies (ETCs), is implementing a school retention strategy designed to take account of the health emergency, which includes reinforcing school retention strategies (including school meals programmes, coaching to prevent students falling behind, additional education days and flexible education, school residences and school transport); and (3) to promote retention within the education system, the Government has taken numerous measures, including providing training to 5,558 teachers and school heads in 83 ETCs in flexible education models during the second half of 2020, strengthening education services in rural areas by providing 234 educational establishments in 14 ETCs with sets of supplementary educational materials, such as libraries, laboratories and maps for use in the flexible education models.

The Committee, however, notes the Government’s indication that approximately 164,407 child workers (aged between 5 and 17 years) were without schooling in the fourth quarter of 2020. The Committee also notes, according to UNESCO statistics, that in 2019 there were 35,080 children and 106,186 young persons who were not at school; while in the same year the net primary (6 to 10 years of age) school attendance rate was at 93.9 per cent, and the secondary (11 to 16 years of age) school attendance rate was at 79.8 per cent. The Committee notes the Government’s indication that it is necessary for the Ministry of Labour, together with the various social actors and strategic partners, to continue developing innovative strategies for activities to prevent and eradicate child labour in order to make further progress in achieving this goal. The Committee trusts that the measures adopted will make it possible to continue promoting and ensuring compulsory schooling for children at the national level, at least up to the age of 15 years, and requests the Government to continue providing information on any measures adopted and their results. The Committee also requests the Government to continue providing updated statistics on the school attendance and completion rates of children under the age of 15.

Article 9(1). Penalties and labour inspection. The Committee notes the information provided by the Government on: (1) the legal instruments available to the labour inspectorate in carrying out its investigations; (2) the penalties that can be imposed (ranging from fines to the immediate stoppage of work); (3) section 113 of the Children and Young Persons Code, under which labour and social security inspectors responsible for authorizing work by young persons over the age of 15 years are required to undertake inspections to ascertain safety and working conditions for the health of the worker. For that purpose, in 2016 the Ministry of Labour issued a memorandum setting out inspection strategies and guidelines for the protection of the labour rights of children. While taking note of the functions of the labour inspectorate, the possibility of carrying out investigations and imposing penalties, the Committee observes that, according to the Government’s report, the rate of child labour, as well as that of children engaged in hazardous types of work, has further increased. Under these circumstances, the Committee trusts that the Government will continue taking all the necessary measures to give full effect to the Convention and once again requests it to provide information on the number of investigations carried out by the labour inspectorate in which penalties have been imposed for violations of the law in respect of work by persons under the minimum age of 15 years, with an indication of the type of penalty imposed and the nature of the violation.

The Committee notes the observations of the National Employers’ Association of Colombia (ANDI) received on 31 August 2021. It also notes the joint observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Columbia (CUT), and the General Confederation of Labour (CGT) received on 1 September 2021.

Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring t and offering of children for the production of pornography or pornographic acts. The Committee notes the Government’s indication that, in the framework of Act No. 1336 of 2009, supplementing and reinforcing Act No. 679 of 2001 combating exploitation, pornography and sexual tourism involving children and young persons, prevention programmes have been put in place in respect of online commercial sexual exploitation of children. Noting also that, with the support of the Columbian Family Protection Institute (ICBF), technical assistance has been provided on the use, recruitment and offering of children for pornographic purposes to defenders, family commissioners and police officers. The Committee requests the Government to continue providing information on the measures adopted to prevent and punish the use, procuring or offering of children for the production of pornography and on their impact.

Article 7(2). Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour. Child labour in small-scale mining. In its previous comments, the Committee noted the policies and projects implemented by the Government to eradicate child labour in both the formal and informal mining sector, and requested the Government to continue its efforts in this regard. It also noted that mining activities are considered to be hazardous, and are prohibited for persons under 18 years of age. The Committee observes that the CTC, CUT and CGT refer to situations in which miners, despite awareness of the labour standards in force, allow persons under 18 years of age to work in mines, a fact worsened under the prevailing COVID-19 pandemic. In this regard, the Committee notes the Government’s indication that within the framework of the Somos Tesoro (We Are a Treasure) project, implemented in partnership with the private sector in eight municipalities in the country, assistance was given in the formalization process for mining and provided to families identified as having children or young persons engaged in child labour. As at April 2019, a total of 13,239 children and young persons had participated in the educational component focused on child labour prevention, more than 280 miners had received training and 4,312 families had participated in the livelihood component. As a result of this, the Government indicates that child labour in the mining sector fell from 2.6 per cent in 2014 to 0.5 per cent in 2018. The Committee also takes note of the signing of the inter-administrative agreement between the Ministry of Mining and Energy and the ICBF to encourage action to strengthen and implement policies and guidelines on prevention and eradication of child labour in mining. Within the framework of this agreement, in 2017, care was provided to 210 children and young persons at risk of or engaged in child labour, and training on comprehensive protection for children and young persons was given to 531 public servants in the National System for Family Protection and to 49 mine owners. The Committee welcomes the measures adopted to provide care to children engaged in the worst forms of child labour in the mining sector and requests the Government to continue providing information in this regard, including information on the number of children and young persons who have been removed, rehabilitated and socially integrated.

Clauses (a) and (d). Prevent the engagement of children in the worst forms of child labour. Children at special risk. Children belonging to indigenous and minority groups. In its previous comments, the Committee noted that the Government had undertaken interventions to eradicate child labour in territories inhabited by ethnic minorities, in application of the standards provided in the Indigenous and Tribal Peoples Convention, 1989 (No. 169). At the same time, the Committee notes the high school d0rop-out rate among indigenous, Afro-Colombian and rural children. The Committee notes the Government’s indication in its report that the formulation of an ethnic chapter of the Public Policy Framework for the Prevention of Commercial Sexual Exploitation of Children and Young Persons is being coordinated with the Standing Round Table for Concertation of the Indigenous Peoples. It also notes that the ICBF has undertaken an initiative to accompany young persons from the indigenous, Afro-Colombian, Black, Raizal, Palenquero and Rom communities in formulating life-projects with a differential approach to ethnic rights. The Committee notes that the CTC, CUT and CGT indicate that there are significant numbers of indigenous children working exhausting days exposed to cold, rain and infection. The Committee again requests the Government to provide information on the results of the measures adopted to remove and rehabilitate children belonging to indigenous and ethnic minorities from the worst forms of child labour, including through measures adopted to facilitate their access to, and maintenance in, basic education. It also requests the Government to provide updated statistical information on the school attendance rates of children belonging to indigenous and ethnic minorities.

Article 8. International cooperation. The Committee notes the Government’s indication that it has signed a cooperation agreement with the United Nations Office on Drugs and Crime (UNODC) with the objective of coordinating efforts to build the capacities of children, parents, caregivers and communities to promote and guarantee the rights of the child. Under the cooperation agreement, developing action specifically to prevent the trafficking of children in the context of migration flows is envisaged. The Committee also notes that, as part of the Latin America and the Caribbean Free of Child Labour Regional Initiative, the Government has institutionalized the Risk of Child Labour Identification Model in order to identify the territories at higher risk of child labour, taking into account such criteria as armed conflict, economic production sectors, poverty figures and unemployment rates. The Committee requests the Government to provide information on the results obtained from implementation of the agreement signed with UNODC to prevent the trafficking of migrant children. The Committee also requests the Government to continue providing information on the measures adopted in the context of the Regional Initiative, and on the results obtained through the Risk of Child Labour Identification Model.

The Committee notes the observations of the National Employers Association of Colombia (ANDI) received on 31 August 2021. It also notes the joint observations of the Confederation of Workers of Colombia (CTC), the Single Confederation of Workers of Colombia (CUT), and the General Confederation of Labour (CGT) received on 1 September 2021.

Articles 3(a), 7(1) and (2) of the Convention. Worst forms of child labour, penalties and effective and time-bound measures. Clause (b). Direct assistance for the removal and rehabilitation of victims. 1. Sale and trafficking of children. In reply to its request that measures continue to be taken to protect children and young persons from sale and trafficking, the Committee notes the adoption of Decree 1818 of 2020 establishing the National Strategy against Trafficking in Persons 2020–2024. It duly notes that the Strategy places coordination and cooperation between the competent authorities at the centre of strategic action for the purpose of ensuring comprehensive care for child and young victims of trafficking, including access to health, education and legal services, and regularization of migratory status, taking account of their particular conditions and the purpose of the exploitation to which they have been subjected. The Committee also notes that the Government indicates that since 2016 the Colombian Family Protection Institute (ICBF) has kept a registry of trafficking cases, disaggregated by purpose of exploitation. During the period from July 2017 to May 2021, a total of 67 children and young persons began the Administrative Process for the Restitution of Rights on the grounds of trafficking (61 for sexual exploitation and 6 for labour exploitation). The Committee further notes, from their observations, that the CTC, CUT and CGT refer to a case where six children were removed from begging in Bucaramanga and 145 others in Bogotá, a practice which according to these organizations also occurs frequently in other regions of the country. The Committee also notes that the Government reports that a number of cases of trafficking of children and young persons for sexual and labour exploitation were identified between January 2017 and May 2021. The Committee requests the Government, in following up the identifications mentioned above, to take the necessary measures to identify, prosecute and punish the perpetrators of trafficking of children for purposes of sexual or labour exploitation and report thereon. It also requests the Government to provide information on the results obtained within the framework of the National Strategy against Trafficking of Persons 2020-2024 in providing direct and adequate assistance to the child victims of trafficking in persons and in ensuring their rehabilitation and social integration.

2. Forced recruitment of children for use in armed conflict. In reply to the request for information on the investigations conducted and on the penal sanctions imposed regarding the forced recruitment of children and young persons, for the most part by illegal armed groups, the Committee notes that in August 2021, the Special Jurisdiction for Peace Chamber for the Recognition of Truth, Responsibility, and Determination of Fact and Conduct issued Order No. 159 under Case No. 07 “Recruitment and use of boys and girls in armed conflict”, which set a provisional total of 18,677 child victims of recruitment and use by the FARC-EP. In its Order, the Chamber decided that it would prioritize investigation of recruitment occurring between 1 January 1996 and 1 December 2016, and that it would investigate the different impact of the recruitment and use of children belonging to ethnic groups. The Committee notes, from its 2020 concluding observations for Colombia, that the United Nations Committee on the Elimination of Racial Discrimination refers to the continuing recruitment of indigenous children and children of African descent by non-State armed groups (CERD/C/COL/CO/17-19, paragraph 12).

Furthermore, the Committee notes the information provided by the Government on the implementation of the specialized care programme on restoring rights for child and young victims of illicit recruitment by armed groups, which comprises three phases: identification, analysis and reception; intervention and outreach to reinforce the process of guaranteeing rights; and preparation for leaving the programme. The Committee duly notes that between 2017 and 2021 a total of 2,093 child and young victims were detached from the illegal armed groups. The Committee welcomes the approach taken to ensure the effectiveness of programmes providing care for demobilized young persons, involving coordination between the ICBF, the National System for Family Protection, the Public Prosecutor’s Office, the Operational Committee for Disarmament, the National Unit for Care and Overall Reparation for Victims and the Agency for Reintegration and Normalization. The Committee notes that the ANDI recognizes progress made in assistance, care and restitution of rights for children and young victims of illicit recruitment. The Committee requests the Government to provide information on the investigations, prosecutions and convictions imposed on those responsible for the recruitment and use of persons under 18 years of age in the armed conflict. The Committee also requests the Government to continue taking measures to ensure comprehensive care for child victims of forced recruitment by armed groups and to prepare them for their social reintegration, and to continue providing information on the number of victims that have benefited from the specialized care programme for their social reintegration.

Article 3(b) and 7(1). Use, procuring or offering of a child for prostitution and penalties. The Committee takes due note that the Government, in its reply to a request for information on the development of a policy to combat the commercial sexual exploitation of children and young persons, provides information on the adoption of the Public Policy Framework for the Prevention of Commercial Sexual Exploitation of Children and Young Persons, structured around three pillars: (i) Promotion of rights, prevention, participation and social mobilization; (ii) care and restitution of rights; and (iii) prosecution, surveillance and control of sexual exploiters. It notes the detailed information provided by the Government on action undertaken under this policy from 2018 to 2021, which includes awareness-raising activities for public servants, private entities, workers in the transport and tourism sectors, teachers, students and civil society organizations. The Government indicates that the Ministry of Labour collaborated with the Ministry of Trade, Industry and Tourism in drawing up plans for different municipalities aimed at reducing the risks to which children and young persons are exposed from tourists. The Committee also notes that the ANDI highlights the action coordinated with the National System for Family Protection to ensure that the prevention and eradication of commercial sexual exploitation of children and young persons is included in departmental and municipal development plans. For their part, the CTC, CUT and CGT reiterate their concern at the high number of victims of commercial sexual exploitation reported in 2018 (a total of 1,399 cases recorded by the Public Prosecutor’s Office and the Police), and emphasize the need to have updated information on the state of the related investigations and legal proceedings. The Committee hopes that the implementation of the policy framework will contribute to the combat against commercial sexual exploitation of children and young persons and requests to provide information on the results obtained in this regard. The Committee also requests the Government to provide information on the number of investigations and legal proceedings instituted in relation to the commercial sexual exploitation of children and on the penal sanctions imposed on its perpetrators.

Articles 3(d) and 4(1). Determination of the types of hazardous work. Child domestic work. In response to its request that measures be taken to protect children engaged in domestic work from hazardous types of work, the Committee notes that the Government refers to the adoption of Resolution No. 1796 of 2018 updating the list of hazardous work prohibited for persons under 18 years of age. It notes with satisfaction that the list includes domestic work at home of more than 15 hours a week as hazardous, as well as domestic work in third party houses. The Government indicates that it envisages updating the list to ensure effective protection of working minors in view of the new reality brought about by the COVID-19 pandemic. The Committee invites the Government to continue providing information on revisions, undertaken following prior consultation of the employers and workers organizations concerned, to the list of work considered hazardous for persons under 18 years of age.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee is examining the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the Government’s replies to the observations made by the social partners in 2016, which were included in its 2019 report. The Committee also notes the joint observations of the International Organisation of Employers (IOE) and the National Employers Association of Colombia (ANDI), received on 4 September 2019. It also notes the observations of the General Confederation of Labour (CGT), received on 16 September 2019. The Committee requests the Government to provide its replies to these observations.

Tripartism and social dialogue in the context of the COVID-19 pandemic. The Committee notes the detailed information provided by the Government in its supplementary report on the tripartite consultations held within the framework of the various subcommittees of the Standing Committee for Dialogue on Wage and Labour Policies (CPCPSL) on the labour measures adopted to mitigate the effects of the pandemic. In particular, the Government refers to the tripartite consultations held on such subjects as measures to prevent job losses and the follow-up to the complaints made relating to the suspension of contracts, the imposition of unpaid leave by the employer and dismissals. The Government also reports the adoption of the Labour Mediation Strategy during the COVID-19 Period, in the context of which 70 cases have been dealt with, as well as the establishment on 30 July of the Employment Mission, which will benefit from ILO technical assistance with a view to developing strategies and instruments to improve employment in the country. The Committee also notes the detailed information provided by the Government concerning the progress made by the Special Committee for the Handling of Conflicts referred to the ILO between 2012 and 2020, as the Special Committee continued to hold virtual meetings during the quarantine period established due to the pandemic. The Committee further notes the detailed information provided by the Government in its supplementary report on the four sessions of the Subcommittee on International Labour Matters held between March and September 2020, in which the discussions covered, among other subjects: the different measures adopted by ILO Member States to address the impact of the pandemic on the labour market; the implementation of technical cooperation activities in the country with ILO participation; the supplementary reports on ratified Conventions; the follow-up to the implementation of the Domestic Workers Convention, 2011 (No. 189), and particularly measures to mitigate the impact of the pandemic on domestic work. In the context of the global COVID-19 pandemic, the Committee recalls the broad guidance contained in international labour standards. The Committee encourages Member States to engage in broader tripartite consultation and social dialogue to provide a solid basis for the development and implementation of effective responses to the deep-rooted socio-economic effects of the pandemic. The Committee invites the Government to continue providing updated information on the measures adopted in relation to tripartite consultations within the context of the COVID-19 pandemic, and particularly those intended to build the capacity of constituents and strengthen tripartite mechanisms and procedures, in conformity with Article 4 of the Convention and with Paragraphs 3 and 4 of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), and the challenges and good practices identified.

Article 3(1) of the Convention. Election of the representatives of the social partners. In its previous comments, the Committee requested the Government to indicate the measures that had been adopted to conduct the trade union census envisaged in section 5 of Act No. 278 of 30 April 1996. In this regard, the Committee notes the Government’s indication that the census is the tool through which the representativeness of trade union confederations is determined on the various tripartite bodies in the country. The Committee notes with interest that in 2017 a trade union census was carried out for the first time in over 30 years. Since certain discrepancies were identified following the verification of the results, the Ministry of Labour initiated a verification process in which the data on the number of union members found by the trade union census carried out by the Ministry of Labour was compared with the information provided by union confederations. The Government reports the holding of regular workshops with union confederations in which they are consulted and their views are taken into consideration. The Government adds that most of the union confederations in the country were also consulted regarding the methodology used during the verification process. The Government adds that, as a result of the verification process, clearer information was obtained on, among other subjects, trade union registers that had been annulled, those that were active and inactive, the findings of the census and organizations that are not members of confederations. The Government indicates that since March 2018 information on the findings of the census and the implementation of the verification process has been published in quarterly bulletins. However, the Committee notes the Government’s indication that, as significant differences were identified between the information provided by trade union confederations and the findings of the census, the verification process has not yet been completed. The Government adds that the objective is to prevent any organization registered with the Ministry of Labour being able to claim that it speaks for the union movement. In this respect, the Government expresses its commitment to maintaining, together with the trade union confederations, a mechanism for the regular updating of the data of the trade union census. The Committee requests the Government to continue providing detailed and updated information on the measures adopted within the framework of the process of the verification of the Ministry of Labour’s trade union census, and its findings.

Article 5. Effective tripartite consultations. The Committee notes the detailed information provided by the Government on the tripartite consultations held between 2017 and 2019 on the matters relating to international labour standards covered by Article 5(1) of the Convention in the context of the Tripartite Subcommittee on International Labour Matters of the CPCPSL. With reference to the re-examination of unratified Conventions, the Government indicates that tripartite consultations have been held on the possible ratification of the Workers’ Representatives Convention, 1971 (No. 135), the Rural Workers’ Organisations Convention, 1975 (No. 141), the Nursing Personnel Convention, 1977 (No. 149), and the Maternity Protection Convention, 2000 (No. 183). The Government indicates that the process of the ratification of Conventions Nos 149 and 183 is currently proceeding in the Congress of the Republic. Tripartite consultations have also been held on the measures necessary to examine the potential ratification of the Maritime Labour Convention, 2006 (MLC, 2006). The Government indicates that during the tripartite consultations it was also agreed to adopt measures to focus its efforts on analysis of compliance with ratified Conventions. The Government refers to the organization of various activities relating to international labour standards within the framework of the Subcommittee on International Labour Matters, such as capacity building on the ILO Standards Review Mechanism (SRM).

However, the Committee notes the CGT’s indication that tripartite consultations have not been held on proposals for the denunciation of ratified Conventions (Article 5(1)(e)), on reports to be made to the Office pursuant to article 19 of the ILO Constitution or on unratified Conventions and Recommendations to which effect has not yet been given, in accordance with Paragraph 5(e) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152). The CGT also considers that technical and financial assistance is necessary to increase the frequency of the tripartite consultations held in the Subcommittee on International Labour Matters. With regard to the manner in which the views of the representative organizations are taken into account during the tripartite consultations, the Government indicates that, under the terms of Act No. 278 of 1996, the decisions of the CPCPSL are adopted by consensus by the representative parties. The Government indicates that the claims of each of the actors in the CPCPSL are taken into consideration and voted upon, with a view to ensuring effective tripartite consultations, in accordance with the Convention. The Committee requests the Government to continue providing updated and detailed information on the content and outcome of the tripartite consultations held on all the matters relating to international labour standards covered by Article 5(1) of the Convention.

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